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PACE New Resolution on Armenia

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  • PACE New Resolution on Armenia

    A1 Plus | 22:23:45 | 07-10-2004 | Politics | PACE FALL SESSION |

    PACE NEW RESOLUTION ON ARMENIA

    Implementation of Resolutions 1361 (2004) and 1374 (2004) on the
    honouring of obligations and commitments by Armenia

    Resolution 1405 (2004)[1]

    1. Armenia was the subject of Assembly debates on its democratic
    future on 27 January 2004 and 28 April 2004 respectively and the
    country embarked upon further reforms following Resolutions 1361
    (2004) and 1374 (2004). {BR}

    2. The Parliamentary Assembly expresses satisfaction at its excellent
    co-operation with the Armenian authorities, their open-minded attitude
    and the quality of the ongoing dialogue on compliance with obligations
    and commitments.

    3. The Assembly is pleased to note that Armenia has complied with the
    request to submit a report on paragraphs 9.i to 9.vi of Resolution
    1374 (2004) and takes note that :

    i. authorities have refrained from interfering with the conduct of
    assemblies and, after the law "On gatherings, assemblies, rallies and
    demonstrations" entered into force, a legal basis has been established
    for holding them only by notification;

    ii. the Constitution guarantees freedom of movement and laws provide
    for maintenance of public order;

    iii. the investigations on the incidents and human rights abuses
    reported during the recent events, including assaults on journalists
    and human rights activists, were led and information was provided to
    the Assembly on a case of legal action against persons responsible for
    assaults against journalists;

    iv. the persons detained for their participation in the demonstrations
    were released and an end to the practice of administrative detention
    is expected as the Administrative Code is in the process of being
    amended;

    v. in this period one frequency has been freed, without contest, on
    the basis of an intergovernmental agreement and within the framework
    of the law "On Television and Radio", a frequency which was given to
    the Russian "Kultura" TV Channel for rebroadcasting;

    vi. the authorities have taken note of the fact that the immunities of
    members of the Parliamentary Assembly of the Council of Europe are
    valid for the whole year (Resolution 1325 (2003) and Recommendation
    1602 (2003)).

    4. Despite Armenia's declared wish to reach a peaceful solution with
    Azerbaijan to the Nagorno-Karabakh situation, the Assembly is forced
    to conclude that no tangible progress has been achieved for the past
    year, whether at the level of the direct talks between the presidents
    of the two countries, which are continuing, or at the level of the
    Minsk Group.

    5. The Assembly recalls that it had asked for a thorough investigation
    into electoral fraud in the 2003 elections and for an end to the
    judicial impunity of those responsible. In this connection, the
    Assembly considers that it has not received a convincing reply from
    the authorities. It is confident, however, that the process of
    revising the Electoral Code will soon be completed, in keeping with
    the recommendations of the Venice Commission.

    6. It notes that legislative measures have been taken in order to
    introduce into the Criminal Code a provision on conditional release
    for all persons convicted of serious offences, including persons with
    life sentences.

    7. It notes that the constitutional revision needed to ensure that
    certain commitments are fully honoured is making good progress. It
    asks that the authorities should rapidly prepare draft amendments to
    the Constitution, present them to the Council of Europe in 2004 for
    expert appraisal and organise a referendum as soon as possible and in
    any event by June 2005 at the latest.

    8. The Assembly takes note of the timetable for effective
    implementation of the basic reforms concerning the judicial system and
    the independence of the judiciary and of the intention to adopt the
    law on the status of judges, the law on the judicial council and the
    law on the judiciary before the end of 2004.

    9. The Assembly notes that the last amendments to the Law on Radio and
    Television request that the National Broadcasting Commission should
    add arguments when awarding broadcasting licenses, thus preventing the
    adoption of arbitrary decisions.

    10. With regard to its other requests, the Assembly notes the steps
    taken to:

    i. continue discussion of the question of administrative detention in
    the Administrative Code in co-operation with the Council of Europe's
    experts in order to end administrative detention;

    ii. adopt a law on demonstrations and public assemblies in
    co-operation with the experts of the Council of Europe and the Venice
    Commission;

    iii. amend the Criminal Code in order to introduce the possibility of
    conditional release for prisoners serving life sentences;

    iv. revise, in co-operation with the Council of Europe's experts and
    with due regard to the recommendations already made and those yet to
    be made, Articles 135, 136 and 318 of the Criminal Code in order to
    remove any possibility of making insult and defamation subject to a
    prison sentence ;

    v. revise the law on the police in co-operation with the Council of
    Europe's experts;

    vi. adopt a law on the status of Yerevan, a law on territorial
    autonomy, a law on local government staff and a law on local
    self-government;

    vii. combat corruption and sign the Civil Law Convention on
    Corruption; it asks that this Convention be ratified within the
    shortest possible time;

    viii. grant an amnesty to conscientious objectors who are serving
    prison sentences and release those who refused to perform military
    service.

    11. Furthermore, the Assembly is expecting rapid progress concerning:

    i. the revision of the Code of Criminal Procedure, in accordance with
    the standards of the Council of Europe;

    ii. improvements to conditions of detention and, in that connection,
    the implementation of the recommendations of the European Committee
    for the Prevention of Torture and Inhuman or Degrading Treatment or
    Punishment (CPT);

    iii. the developments in the media sector in Armenia: it expects that,
    on the basis of the recent amendments to the Law on radio and
    television, the composition of the National Broadcasting Commission
    will be renewed as soon as possible and that fair conditions for
    awarding broadcasting licenses to televisions, in particular to A1+
    television channel, will be created;

    iv. the excessive length of the period of alternative civilian
    service, which has been set at 42 months;

    v. the registration of the association of Jehovah's Witnesses;

    vi. the creation of an independent body representing all Armenia's
    religious organisations and communities;

    vii. in accordance with Resolution 1374 (2004), paragraph 9.iv, the
    end to the practice of administrative detention until the
    Administrative Code is amended;

    viii. the amendment, no later than March 2005, of the law on
    demonstrations and public assemblies to bring it into full conformity
    with Council of Europe standards to ensure freedom of assembly in
    practice.

    12. In the light of the foregoing, the Assembly calls on the Armenian
    authorities to continue to take appropriate measures to honour the
    remaining obligations and commitments set out in Resolutions 1361
    (2004) and 1374 (2004).
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